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Steps to Meet Compliance Requirements in Business Communications

Stack of laptops and mobile devices with a title banner | Jacko Law Group, PC

Investment Advisers continue to face the risk of penalties for non-compliance for adhering to the SEC rule of documenting all business communications regardless of the medium of communication.

As with many industries, COVID-19 brought about many changes to how advisers and investors communicate. As a fast-paced industry, speed and agility remains key, including in how advisers communicate with their clients. However, the SEC requires that all business-related communication is tagged and documented. For business owners, the challenge with this requirement is ten-fold. For example, recent technology trends and communication habits have made record-keeping even more challenging, such as the prevalent use of WhatsApp and similar messaging platforms, and the preferred convenience of text messaging over emails.
Here are the top concerns our clients have, and our recommendations on how to address them.

Is the SEC only interested in adviser-client communications?

  • The SEC requires that advisers document ALL business-related communications including internal discussions regarding a client or portfolio.


How can I keep my advisers from using personal devices and platforms for business-related communications?

  • Start at the top by educating key stakeholders and developing a culture of compliance.
  • Establish robust Policies and Procedures.
  • Implement mandated ongoing employee training.


My client keeps texting or messaging me on my private device/ messaging platforms. What can I do to remain compliant?

  • Educate your clients on the importance of keeping communications to business avenues such as only using your business email or company-issued mobile device number and reminding them to do so.
    • NOTE: This may be acceptable in the event that the firm has capabilities to capture communications sent to your private device.
  • Take screenshots of the off-channel communications and email it to your work email address so that the firm has captured the business communication as part of its books and records.


How can I control which messaging platforms are used to communicate?

  • Provide a list of approved platforms and provide clear policies on their use as well as reporting practices relating to business communications on those platforms.
  • Train at onboarding and annually thereafter on how employees on the firm’s require requirements for use and access of messaging platforms and the firm’s requirements for monitoring of personal devices for business-related communications.


Are there applications I can use to meet my record-keeping requirements?

  • There are applications that are used for archiving communication. In addition, some applications can be set to activate when key terms are used.

Jacko Law Group works with clients to meet challenging compliance requirements and applying practical solutions to meet the regulations set by the SEC.

If you have questions about your Business Communication compliance program, please give us a call at 619.298.2880 or email [email protected]

About the author

Jacko Law Group provides tailored legal services and effective strategies for success, delivering exemplary solutions to complex legal and regulatory challenges to ensure that both business efforts and compliance obligations are satisfied.

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Dharmi is an excellent securities lawyer who understands the law as it pertains to these cases. She is extremely proactive and represents her clients well. I highly recommend Jacko and Dharmi.
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I’ve had the privilege of working closely with this firm in my role as Chief Compliance Officer and I can confidently say they are an exceptional compliance partner. Their depth of experience is immediately evidentand they bring a level of practical knowledge. What I truly enjoy is their ability to translate complex regulatory requirements into plain English, often using real, everyday examples that make implementation far more manageable. They are also incredibly responsive and reliable. In a field where timing matters, their prompt communication and thoughtful guidance have been invaluable. If you’re looking for a compliance attorney who combines expertise, clarity, and professionalism, I highly recommend them.
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Michelle and the team at Jacko Law Group have helped guide through a variety of critical circumstances as we ventured through the uncharted and unfamiliar territory of becoming and successfully operating as an RIA. I have particularly appreciated Michelle's personal involvement and genuine caring about us and our organization. She has been responsive and her counsel has been consistently on-point and helpful. She artfully guided us through our initial filing process and first SEC exam process - which went very well. Very grateful to Michelle and her team.
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Michelle and her team were excellent to work with, front to back. They helped me to understand the challenges ahead and were always proactive in their consultation through every step of my transition. JLG truly know the wealth management industry very well and did a great job of understanding the challenges unique to my business. Without them, I can confidently say I would not have felt as comfortable through the transition as I did. Fortunately, that's not something that stops there - Michelle and her team have kept in touch to ensure that I'm on top of certain administrative issues, trends, and simply showing me that they care about my business and success. I look forward to continuing to work with them for many years to come.
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Dharmi Mehta was extremely helpful when my business partner and I transitioned to a new RIA firm. She and her staff were all very professional. Her guidance during our transition was invaluable. I highly recommend Dharmi and Jacko Law Group.
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Dharmi and Amandeep were a delight to work with. They assisted me with a claim and stuck with me the entire way through. Dharmi's advice was invaluable, and I was most impressed by her clear and professional communication. From beginning-to-end, both Dharmi and Amandeep kept me well informed. Their entire team are proud of their work and rightfully so. Thank you!
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My mentor once told me that a good attorney is worth their weight in gold — and that couldn't be more true of Michelle and Amanda. Their expertise, professionalism, and responsiveness were top notch every step of the way. It's rare to find legal partners who are not only sharp and thorough, but also genuinely invested in your success. I’m grateful for their guidance and highly recommend them to anyone seeking trusted legal counsel.
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It is my great Privilege to share my Review of what Atty Dharmi Mehta of Jacko Law Group did for me and by extension for my family. From the first time complimentary conversation we had having spoken to several other Lawyers ,l knew she was the right person for the Job .Because of her background as a former RR ,she was professional,kind, Empathetic,listened and was focused on fighting for me. From a potential of been terminated with cause ,l was able to walk away with a clean U5 with a validation that l did nothing wrong except what was in the best Interest of my clients. I hope nobody ever has to go through what l have Experienced, but if you do ,you want Dharmi Mehta beside you .Rest assured your service Deserve 10 stars but this forum only allows 5. Me and my family are forever grateful and will make sure that any RR who needs an advocate will know about you . Everistus Etafo
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I have worked with Jacko Law Group for 2 different business situations that necessitated an attorney. In both cases, the team was very thorough & competent. Their attention to our situation and the extra effort they put into our case(s) was very much appreciated. I would highly recommend Jacko Law Group!